Navigating menopause in the workplace
The menopause affects everyone differently and it can affect some significantly, with symptoms impacting life at work. All employers should be aware of this and think about how they can support staff going through it. Two recent cases involving the menopause have demonstrated that Employment Tribunals are willing to find that severe symptoms of menopause amount to a disability.
The menopause is not a specific protected characteristic under the Equality Act 2010. But if an employee or worker is put at a disadvantage and treated less favourably because of their menopause symptoms, this could be discrimination if related to a protected characteristic, for example:
- Age
- Disability
- Gender reassignment
- Sex.
If menopause symptoms have a long term and substantial impact on a person’s ability to carry out normal day-to-day activities, these symptoms could be considered a disability. If menopause symptoms amount to a disability, an employer will be under a legal obligation to make reasonable adjustments. They will also be under a legal obligation to not directly or indirectly discriminate because of the disability or subject the worker to discrimination arising from disability ie by dismissing them for absence related to their menopause.
People experiencing menopause symptoms may also be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and sex.
Further consideration must be given to trans people in the workplace as they may be protected from direct and indirect discrimination, as well as harassment and victimisation, on the grounds of age and gender reassignment.
Read our expert employment law guidance for employers and employees, which covers what you need to know about menopause and work.
We’ve also put together some tips for employees and employers that you might find helpful for yourself or your staff in the workplace.
Ideas for employees
Some ideas to help you if menopause symptoms are causing you problems at work.
Journal your symptoms
Journaling can help you to build a picture of anything that triggers symptoms, and how the symptoms impact you at work. Being able to communicate this and letting colleagues know what has happened and the impact it is having on you might be helpful.
Use technology
If memory and brain fog are making life difficult, use technology to help you feel more in control. Strategies such as using a voice memo, creating reminders on your phone or using note-taking apps can help to alleviate the pressure to remember everything.
Find the positives
From a career perspective experiencing the menopause isn’t necessarily a negative experience. This transition and life stage can make you question, pause and take stock of what is going well in your career and how you can shape it and carve out what you want and need for the future.
Remember you are not alone
Talk to people you feel comfortable sharing your experience of menopause with. It is likely that you know other people who have gone through or are going through the menopause, either at work or in your circle of friends and family. You could create your own version of a menopause café, virtual or face to face, come together to talk, laugh and support each other. For more information on holding a menopause café click here Holding a Menopause Café.
Menopause for employers
Speaking about the symptoms of menopause isn’t easy for everyone. As an employer, any adjustments and support that you are able to provide can have a positive impact and help to retain talent in the workplace. We recommend you implement a menopause policy and share it with your staff.
Here are five ways employers can make a difference.
Keep up to date with current employment law legislation
If you are responsible for managing others and you would like to understand more about how to support your team, then this guide produced by the CIPD, the menopause at work: guidance for line managers | CIPD guides is an excellent resource. It provides insight into the symptoms of menopause, how to start a conversation in an open and sensitive way and what could be expected of you as a manager.
Talk about the menopause
Creating a conducive environment to enable discussion on this subject isn’t just an issue for women, others may be happy to get involved so that they can support colleagues. Menopause training and awareness workshops and e-learning are readily available. Embedding this into your working practice will help to build knowledge and understanding and give people the confidence to speak up and access the support that they need.
Respect individuals’ privacy
Remember, not everyone will want to discuss this topic with their employer, so you should respect individuals’ privacy and take a sensitive approach to discussions about the menopause. Sharing your menopause policy with all staff may be all the reassurance some need that they can raise the issue with someone at work, should they feel they want to.
Become an accredited menopause friendly employer
This is a growing area for focus with employers and if you are commitment to being a menopause friendly employer you could receive an accreditation for this.
Carry out a risk assessment
Under health and safety legislation, employers also have a legal obligation to conduct an assessment of their workplace risks. Health and Safety at Work Act 1974 says an employer must, where reasonably practical, ensure everyone's health, safety and welfare at work.
Employers must conduct a risk assessment of their staff's work and workplace, including any work from home. This includes:
- Generally assessing health and safety risks at work
- Minimising, reducing and where possible removing health and safety risks for staff.
For staff affected by the menopause this includes:
- Ensuring menopause symptoms are not made worse by the workplace or its work practices
- Making changes to help staff manage their symptoms when doing their job.
For the menopause, a risk assessment could include:
- The temperature and ventilation of the workplace
- The material and the fit of the organisation's uniform, if there is one, and whether it might make staff going through the menopause feel too hot or cause discomfort
- Whether there's somewhere suitable for staff to rest if needed, for example a quiet room
- Whether toilet facilities are easily accessible
- Whether cold drinking water is available
- Whether managers and supervisors have been trained on health and safety issues relating to the menopause.
Employers should review risk assessments regularly to make sure their staff's working environments remain safe and healthy.
Employers should also make sure that staff know they can approach their managers to raise any health and safety issues and will not be put at a disadvantage or treated less favourably if they do.
Guidance on undertaking a risk assessment can be found via the link below:
Managing risks and risk assessment at work – Overview - HSE
Relevant links for your consideration:
Menopause in the workplace: Guidance for employers | EHRC (Equality Human Rights)